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NRA Files Lawsuit Against Philly

The city of Philadelphia will have to defend it's gun ordinance in court after the National Rifle Association filed a lawsuit claiming the city broke a law that involves municipalities from regulating firearms. (Published Thursday, Jan. 15, 2015)

Armed with a new state law, pro-gun groups are rapidly scaling up their attack on municipal firearms ordinances in Pennsylvania, with the National Rifle Association filing suit over gun-control measures in three cities.

Philadelphia, Pittsburgh and Lancaster have "openly defied'' a 40-year-old state law that forbids municipalities from regulating firearms, said Chris Cox, executive director of the NRA's Institute for Legislative Action.

Pittsburgh Mayor Bill Peduto said Wednesday the city "will not be deterred'' by the NRA suit, contending the local regulations are a sensible way to address deadly gun violence.

"This should be a wake-up call for citizens across Pennsylvania,'' he said. "We're not taking away anyone's right to own a gun -- or 10 or 20 guns. What we're saying is when a gun is lost or stolen you've got to report it. Too many people are being killed in the streets of Pittsburgh and other cities with stolen guns.''

NRA Files Lawsuit Against Philadelphia

The National Rifle Association is taking aim at Philadelphia gun ordinances.

(Published Wednesday, Jan. 14, 2015)

Pennsylvania has long barred its municipalities from approving ordinances that regulate the ownership, possession, transfer or transportation of guns or ammunition. But scores of cities and towns ignored the prohibition, and gun-rights groups complained the local measures were difficult to challenge because judges have ruled that plaintiffs could not prove harm.

Under a state law that took effect last week, gun owners no longer have to show they have been hurt by an ordinance to win in court. The new law also allows organizations like the NRA to sue. Successful challengers can also seek legal fees and other costs.

Philadelphia, Pittsburgh and Lancaster are fighting the new law in court, contending lawmakers didn't follow constitutional procedure for passing legislation.

"It is unconstitutional, it never should have been passed, and it breaks with more than 200 years of history in Pennsylvania, by allowing organizations without standing the ability to sue,'' Peduto said.

The lawsuit filed Wednesday against Philadelphia targets seven ordinances, including ones that require owners to report lost or stolen firearms; prohibit guns from city-owned facilities; and ban weapons possession by people subject to protection-from-abuse orders or who are found to pose a risk of "imminent harm'' to themselves or others.

Philadelphia officials have long said its measures are needed to combat gun violence that claims hundreds of lives each year. In 2010, the Pennsylvania Supreme Court tossed city ordinances that limited people to buying one gun a month and banned assault weapons, but the NRA -- deemed to lack standing -- lost its bid to get other city gun laws thrown out.

Mayor Michael Nutter's spokesman was expected to issue a statement Wednesday.
In the small city of Lancaster, meanwhile, the NRA is challenging an ordinance that requires gun owners to tell police when a firearm is lost or stolen.

Lancaster Mayor Rick Gray, one of the named defendants, did not immediately respond to an email request for comment made through his chief of staff.

Cox, the NRA official, said local laws "do not make people safer'' and, in a statement, accused officials of "politically grandstanding at taxpayers' expense.''

The NRA plans to go after other municipalities whose gun ordinances are barred by state law, said the group's attorney, Jonathan Goldstein.

"We expect every municipality to repeal ordinances that are pre-empted. If other folks don't get on board with what the law requires, they can expect to hear from us in due course,'' he said.
Under threat of litigation, more than 20 Pennsylvania municipalities have already moved to repeal their firearms ordinances instead of defending them in court.

Another group, Houston-based U.S. Law Shield, sued the capital city of Harrisburg on Tuesday over its gun laws.